>> i am trying! >> the lockout continues. look out. drop may tweet at bret baier. thanks for inviting us into your home. that's it for this "special report," fair, balanced and unafraid. >> shep: this is the fox report. tonight more mixed messages on the deadly attacks on the u.s. consulate in benghazi, libya. and now the white house seems to be changing its tune. just hours after saying this. >> we have no evidence of a preplanned or premeditated attack. >> shep: the white house now says its self-evident the murder of a u.s. ambassador and three other americans was a terrorist attack. plus a report reveals american incomes haven't been this low in more than a decade. some experts say that could mean we're finally really on the road

to recovery. >> i'm just happy to be on the ground. >> shep: an amusement park ride leaves passengers dangling in midair for almost four hours. >> reason why we were on there is that he's trying to get me over my fear of heights. >> shep: did it work? but first from fox this thursday night, it was another terrorist attack on 9-11. that's what the white house is now saying about the assassination of the united states ambassador and three other americans. that seems to contradict what we've been hearing from u.s. officials, including the u.s. ambassador to the noon noon who blamed the attack on protests over the anti-muslim video. >> the best assessment we have today is that, in fact, this was not a preplanned, premeditated attack; that what happened initially was it was a spontaneous reaction to what had just transpired in cairo as a consequence of the video.

>> i don't think we know enough. we're going to continue to assess. >> based on what we know now and knew at the time, we have no evidence of a preplanned or premeditated attack. >> shep: today the white house press secretary, jay carney, said it is, i think, self-evident, that what happened in benghazi was a terrorist attack. but he also pointed to what a top u.s. counter terror official said yet, quote, we have no information at this point to suggest that this is a significantly preplanned attack, but this was the result of opportunism, taking advantage of and exploiting what was happening as a result of the reaction to the video that was found to be offensive. some republicans are challenging the administration after getting a closed door briefing today from the secretary of state hillary clinton and the director of national intelligence, james clapper. >> they believe it was the video. it's not the video. it's the islamists who are pushing this video throughout the internet, throughout the

world, to inflame passions on the part of people of the muslim faith so that they can spark not only these demonstrations, but eventually take over these countries. so to blame it on the video is a fundamental misunderstanding of what's happening. >> shep: senator mccain also says the libya attack was, quote, a well planned, coordinated and sophisticated operation. ed henry at the university in miami where the president was campaigning today to sort it all out. the president did weigh in on libya today. >> he did. make no mistake, as you laid out, this is a big deal. this is the white house acknowledging from the first time there was a terrorist attack on president obama's watch. now, interesting, when the president got this question, though, he did not directly answer a moderator's question at univision. they had a town hall meeting. he didn't answer the direct question about whether or not the consulate was safe enough,

whether or not this was a terrorist attack. he didn't answer it himself. instead, he went back to the video you mentioned. take a listen. >> where there is a a video or cartoon directed at the prophet mohammed and this is obviously something that then is used as an excuse by some to carry out inexcusable violent acts directed at westerners or americans. >> now, what's at issue here, bottom line, is that republicans close to the romney camp believe, and they're make the charge that the reason why the white house has been having all these contortions about whether it was a terrorist attack or not is 'cause they didn't want to admit there was an attack this close to the election. the white house, of course, insists that's not true and says they just have been trying to gather the facts and did not want to get ahead of the f.b.i. investigation. >> shep: the polls are indicating that the president has taken a hit on foreign policy, ed. >> absolutely.

he's doing better on the economy against mitt romney. but another poll shows his ap handling foreign policy, it's down to 49%. disapproval is up to 46%. that suggests a weakness there in part because of what's happened in the last week or so. and that's why the romney campaign is jumping on it. take a listen. >> the american people will judge him on the fact, are we more influential around the world and we are not. >> interesting, because before the argument about are you better off four years from now was about the economy. you see the romney campaign adjusting it to national security. their spokesman was the president has not only taken out key al-qaeda leaders, but point out they believe mitt romney was the one who jumped in and commented on all this violence a little too soon. >> shep: ed henry in coral gables. as mentioned, the secretary of state weighed in on this and hillary clinton says she's ordering a new investigation of the attack. we'll get the details on that

and hear from more lawmakers who were at secretary clinton's briefing today. that's coming up inside fox report. the state department reports it will be airing an ad in pakistan in which president obama and secretary of state clinton say the u.s. had nothing to do with that anti-muslim video that went viral. the obama administration says that's what's been causing so much of the anger in the muslim world. there is no way to really know whether that's true. some experts say extremists are using the video as an excuse to whip you will the protesters. in any case, victoria nuland says the united states is spending 70,000 bucks of u.s. taxpayer dollars to air the spots on seven pakinstani television stations. might not be having any effect as the anti-american protests in pakistan continued today and the protests are expected to grow tomorrow, friday prayers. the country's government just declared tomorrow a national holiday so that people can demonstrate. the state department is warning americans to avoid all

nonexcellence travel to pakistan, at least for the time being. distressing new data on the state of a nation's economy. the u.s. census bureau reporting that last year, household incomes either fell or were stagnant in 49 of 50 states. this is particular troubling to the analysts because when people earn less, they obviously spend less. then businesses higher fewer and the entire economy, well, you get the picture. the hardest hit state, nevada. not surprisingly. the median income fell by 6%. california, arizona, and florida, not too far behind percentage wise. the only state in which incomes rose, vermont. incomes jumped 4%. only vermont is the only state to show an increase since 2009. when you factor all the states together, the picture is pretty grim. this chart shows the average household income from 1995 to 2011. it peaked there in 1999 and an -- aside from another spike

in 2007, before the economic collapse, the ball has been rolling downhill ever since. gerri willis is with us now. this new data shows the gap between rich and poor is, indeed, getting bigger. >> take a look at these numbers. maryland has the highest median income at 70,000. unemployment there is just 7%. now you look at mississippi, there's a state where the median income is $37,000. it's a state with the lowest median income in the nation. unemployment there is 11%. there is a big gap there. >> shep: weekly jobless claims out today do suggest improvement in the labor market. >> some improvement, but not what people have been hoping for. first time claims are down 3,000 from the previous week. expectations were 375,000. that would have been far better. it's a domino effect. people start feeling worried about their income and their income goes down. they stop buying. then businesses who rely on

them, they stop buying. they stop hiring and it's a vicious circle. >> shep: indeed it is. thank you. the average rate for 30-year fixed mortgage has fallen again, back to record low. according to the mortgage giant freddie mac, it's 3.49%. 30-year fixed. that ties the lowest rate going all the way back to the 1950s. so it is a very good time to buy if you can scrape up money for a down payment and if you can get them to actually lend you money at that rate. president obama and governor romney are both in the state of florida tonight trying to win over a key group of voters in a crucial battle ground state. we're live on the campaign trail next. and would you look at this? they're calling this cop a hero because of this video. we'll show it to you again. you can see what actually happened coming up from the journalist at fox news on this thursday fox report.

>> shep: the president and governor romney campaigning for

the hispanic vote in the battle ground state of florida today. speaking to a latino audience at the university of miami, the president took aim at miss rival's comments about the 47% who don't pay federal income taxes. the president answering a question about that video in which governor romney says, quote, i'll never convince them they should take personal responsibility. >> when you express an attitude that half the country considers itself victims, that somehow they want to be dependent on government, my thinking is maybe you haven't gotten around a lot because i travel around the country all the time and american people are the hardest working people. >> shep: univision hosted the forum. governor romney took the same stage last night on the same network and said his campaign is, quote, about the 100% in america. he's in florida again today trying to hammer home that message. >> the president i know cares with what's happening to the

country and the people in the country u but he doesn't know how to fix it. i care about every person in america, i know what it takes to help those people and i will. >> shep: a new fox latino poll shows governor romney trailing president obama by 30 points among latinos who say their leonova to vote in november. campaign carl cameron live in sarasota, florida on the west coast. the president looking to build that lead. >> indeed. florida is very important in the la tito vote could be vety. mr. obama testified admitted perhaps his biggest failing was his inability to pass comprehensive immigration reform. one of the questions he faced at the univision forum today. and as part of that, he acknowledged that sometimes getting big things passed in congress is very difficult. here is how he put it. >> the most important lesson i learned is you can't change washington from the inside. you can only change it from the outside. that's how i got elected and that's how big accomplishments

like health care got done was because we mobilized the american people to speak out. that's how we were able to cut taxes for middle class families. >> but comprehensive immigration reform did not get done. that is a major issue here in florida, as well as for latinos across the country. right now the polls suggest mr. romney is between 25 and 30% with the latino investment by most accounts, in order to be competitive, he has to get that north of 35%. >> shep: what about a reaction from governor romney today? n he pounced on it. this idea that the president wasn't able to change things in washington from the inside. mitt romney jumped all over it and said, well, the president has thrown in the towel and should be thrown out of washington. >> the president today threw in the white flag of surrender again! he said he can't change washington from inside. he can only change it from outside. we're going to give him that chance in november! he's going outside. >> mr. romney argues that the

obama campaign's slogan, which used to be yes, we can, has now turned to from mr. obama to no, i can't. shep. >> shep: carl cameron live. in florida. a thrill ride stopped without any warning and left folks dangling hundreds of feet in the air for nearly four hours. as one rider pointed out, this was not in the brochure. happened yet in southern california. park officials there say it's actually the second time this month that the wind seeker, as they call it, stalled. one rider said he had a very hard time for one reason in particular. >> the reason why we were on there is that he's trying to get me over my fear of heights. >> shep: that wasn't very helpful. she says her husband kept her calm until crews brought everybody safely to the ground. but the woman says she's done with the wind seeker. afterwards, park officials offered each rider a free chicken dinner. okay. nobody likes an obnoxious driver, especially one ho likes

to smash the horn. (horn honking) actual lea the previous statement is not true in new york. we actually like it here. these bikers you see have turned the tables on the guy in the suv. plus a new twist in the colorado movie theater massacre. the prosecution throwing in the towel on what could have been a key piece of evidence. it's all about strategy when we're live at the courthouse, that's all ahead as fox report's live tonight. how do you know which ones to follow? the equity summary score consolidates the ratings of up to 10 independent research providers into a single score that's weighted based on how accurate they've been in the past. i'm howard spielberg of fidelity investments. the equity summary score

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speculation that it contains an angry confession. the bottom line is, prosecutors have a lot of evidence to show

that holmes was sane. the amount of planning shows premeditation and messages he posted on dating web sites asking women if they would visit him in prison quarterback used to show he knew right from wrong. a former district attorney says it was a bad day for the defense because it took away a very appealable issue. >> there will not be an appeal delaying the litigation in this case. i expect the prosecution is going to seek the death penalty. the defense job keep their collaborate alive. this move today might have caused james holmes a year off his life. >> the preliminary hearing might start in november as planned. shep? >> shep: dan, was there victims or family members in court today? >> there were about 15, which is a smaller number than what we've seen before. they sat on within side, the media on the other. at one point, we saw a young girl who looked upset as she was trying to make eye contact with holmes. he seemed alert but would not look at the victims. observers did say he looked like

a different person, brown hair and a short beard. still had odd facials expressions, but nothing like we've seen before. >> shep: dan springer, thanks. now that video i mentioned. a guy smashed his van in parked police car at the same time the officers were dealing with another crash. a cruiser's dashboard camera record the whole thing. it happened in lubbock, texas. you can see the officer checking on the car which a woman was driving and moments later, the van comes speeding in, watch here, crashes into the police car, sending it spinning toward that group. here it is again. you can see one of the officers quickly push that woman out of the way. police say she and that officer did suffer minor injuries. cops charged the guy driving that run away van with dwi and assault. another crash played out live on local news. look at this. happened in philly. the morning traffic reporter was warning viewers with a car that had broken down and take a look.

>> expect some delays. whoa, that left lane, he just got whacked. >> shep: he did. that suv slammed into the stalled car. you can see somebody standing a few feet away from the thing. according to the television station, kyw, nobody was hurt. (horns honking). >> shep: in colorado, harassment by honking. two bikers caught this guy on camera blowing his horn at them without passing them for a full five minutes, according to some reports. the video, viral on-line. >> this is getting old. (horn honking). >> shep: adding a music bit to the trek. they got the guy's tag and called the cops. police cited the 75-year-old driver for harassment, blocking

traffic, and improper use of a horn. we'll have more on the investigation into the deadly attack on the u.s. consulate in libya. now the secretary of state hillary clinton is giving lawmakers new details. we're learning more about the hackers who claim they targeted web sites for two of america's biggest banks. they also claimed to have ties to terror groups. and one man says his popcorn habit gave him a rare medical condition. so he sued the company behind the popcorn. he won. how much money you think he got [ male announcer ] what if you had thermal night-vision goggles,

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>> shep: ever heard of popcorn lung? well, a jury in colorado has awarded a man more than $7 million for claims he got a condition called popcorn lung from eating too much microwave popcorn. he says he ate two bags of popcorn a day for years. back in 2007, doctors reportedly diagnosed him with popcorn lung. a condition under which fumes from a chemical in artificial butter flavoring caused scars in the airways. until now, the condition has only been known to affect certain people who work in popcorn factories. >> they did absolutely no testing whatsoever to think that the consumer might be at risk.

the only experiment they did was sell the product and see what happens. well, they rolled the dice and they lost. >> shep: attorneys for various food companies named in the lawsuit had argued it wasn't the popcorn that caused his health problems. but all his years working with carpet cleaning chemicals. a woman in florida is defending herself after the cops arrested her for starting a fight with one of her son's classmates at the school bus stop. >> i got heated. he called may (bleep) i smushed him in his face or whatever. >> shep: the admitted face shusher or whatever continued on the bus if full view of a surveillance camera. there was hair pulling and pushing or whatever, too. the woman's son claims she was confronting his bully. >> every day he's making somebody else fight somebody else and he never fights his own battles or whatever. >> shep: it's only fair that his mom fights his battles or whatever, or maybe not. since it landed her in jail or whatever. >> i was pretty upset she went to jail or whatever. i think it could have been resolved another way.

but people have tempers. >> it's crazy. i don't regret it, though. i really don't. >> shep: she doesn't regret it. nor does she think it set a bad example for the other kids on the bus. >> no, because if someone bullying them, they need to stand up. >> shep: she faces child abuse and trespassing, or whatever. i'm shepard smith. this is the fox report. or whatever. it's the bottom of the hour. time for the did did she the white house says it was a terrorist attack on september 11 that killed the u.s. ambassador in libya and three other americans. but tonight some republicans are still challenging the administration's version of what happened in benghazi. it's the top story, bottom of the hour. katherine herrage life on it. new investigation into the attack. is that right? >> that's right. speaking to reporters this morning, secretary of state clinton said she's expanding the investigation. >> the team from the f.b.i. reached libya earlier this week

and i will advise congress also that i am launching an accountability review board that will be chaired by ambassador thomas pickerring. >> later in the derek members of congress were briefed by clinton and the director of national intelligence on the assault by terrorists and the possible role of former gitmo detainee. >> they're attempt to go establish whether or not he was connected. he's certainly a person of interest. >> the story now has been changed. there was a manned premeditated attack. when we put our people around the world at risk and don't provide adequate security, shame on us. >> congressman, a democrat on house intelligence, pushed back against the republicans saying there were protests at the consulate and they were used by al-qaeda and other extremists as a cover, shep. >> shep: we're learning more about the former navy seals who died in that attack. >> the administration's

ambassador implied sunday that the two former navy seals were part of the ambassador's security. >> we obviously did have a strong security presence and unfortunately, two of the four americans who died in benghazi were there to provide security. but it obviously wasn't sufficient in the circumstances to prevent the overrun of the consulate. >> a military source tells fox news that the former seattle were in libya working for a separate agency. not the state department. and further, they were not at the consulate that evening when it was attacked. they were at a safe house outside the compound. they responded when they heard the gun fire and they were killed themselves. shep. >> shep: katherine, thank you. more now on that guantanamo bay detainee or one-time detainee who we're led to believe may have led the attack on the u.s. consulate in libya. that's according to the u.s. intelligence officials who told fox news al-qaeda was likely involved in the attack. this is the guy.

he was leased during the administration of president bush. according to his confidential file, which the web site wikileaks released, back in 2007, the military turned him over to libya on the condition that the former dictator there, moammar gadhafi, would keep him in jail. clearly he did not. jonathan hunt is with us. >> he is from the coast of libya, east from benghazi. that obviously is significant because that, benghazi, is where the consulate attack took place. he was originally a member of what's called the libyan islamic fighting group, but left in 1993 and went to train at a camp run by osama bin laden in afghanistan. in 1998, he joined the taliban in pakistan and in 2001, after the 9-11 attacks, he was arrested by the pakinstani and handed over to the u.s. in 2002, he was transferred to

guantanamo bay and a report from officials there in 2005 described him as, quote, medium to high risk, likely to pose a threat to u.s. interests. none the less, in 2007, he was sent back to libya on the condition he remained in prison. he wasn't. he was released in 2010, but ironically, having been released by concern gadhafi, he then tout to bring the dictator down. now according to the experts, the group he's believed to lead is one of many competing for influence. listen. >> yes, you have a relatively pro-american government there, but that government doesn't have a great deal of control and you have a lot of these terrorist militias running around who is very different agendas in the government and, in fact, may be antigovernment. >> it's important to emphasize there is nothing definitive yet to link him to the attack on the consulate, but as michael pointed out, there is a growing

lift of al-qaeda sympathizers in libya now that investigators will want to look at. this one is very much as you heard a congressman say, a person of interest. >> shep: thanks very much. a human rights group reports a syrian fighter jet attacked a gas station and sparked an explosion that killed at least 50 people and hurt dozens more. according to activists, it happened 25 miles from the turk issue border. the troops are targeting gas station to prevent rebels from getting fuel. syrian state television reports a helicopter crashed near the capitol of damascus after clipping the tail of a passenger plane. an opposition group reports rebels shot it down. human rights groups report the syrians civil war led to the deaths of more than 23,000 people. fox news cannot independently confirm those reports. hackers claiming links to an islamic terror organization say they targeted another big bank. remember sources tell the "fox business" network that chase

chase.com -- hackers breached the web sites for bank of america and we're told tried to attack the new york stock exchange. now one group claimed credit on-line for all three attacks. we can't confirm the claim. "fox business" network sources say chase's network is still experiencing problems today, but the hackers have not accessed any customer account information. house republicans are battling the white house over welfare. it brought the vice presidential nominee, paul ryan, back to capitol hill. next, how today's vote went down. plus, we now have video of lindsay lohan's latest brush with the law. her publicist says no big deal. we'll show you. you decide ♪

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will be part of the stage. everybody finishing driving in their nails, except the democratic house minority leader, nancy pelosi, apparently having issues. so the republican house speaker john boehner came to help out and nailed it. take a look at the leader's face there. a few hours later, it was back to politics as usual. that's funny. and the mostly partisan vote in the house on welfare. house republicans passing a resolution disapproving of the obama administration move to offer more waivers in the welfare program. vice presidential nominee paul ryan returned to capitol hill for the vote. democrats claim the gop is misleading the public for election year political points. jim angle with the news. >> hello. no hammers in this debate. but 19 democrats joined republicans in voting 250-164 to disapprove actions by health and human services seen as waiving the work requirement. the gop brought up two reports

from the accountability office. >> they found when previous hhs secretaries were asked about the possibility of waiving work requirements, hhs responded that, and i quote, the department does not have authority to waive any of these provisions, end quote. >> gao also said no previous hhs under either party has ever claimed the right to waive it, saying, quote, hhs has never before granted waivers a program rules hhs has previously told states that no waiver authority existed until now. one reason the two parties have very different views of the debate. >> we're here today to head off at the pass president obama and the administration attempt to gut the welfare reform work requirements. >> this debate isn't about process or even policy. it's about politics, pure politics, indeed, impure politics. >> what started all this was a july hhs memory dumb in which it claimed the authority to waive

compliance and let states try other methods which democrats defend. >> they can get a waiver from some of the rules in the welfare law if and only if they move more people from welfare to work than they would otherwise have done. >> hhs says utah asked for a waiver. utah stays for reporting requirements, not work. conservatives see it all as a power grab. >> this president has repeatedly said if congress won't do it, i will do it alone. and mr. speaker, the answer to that is no, sir, you will not. and in a democracy, you will not do it alone! >> this vote, shep, was meant to signal to the administration it cannot change the law without consulting congress first. shep? >> shep: aim jingle on capitol hill -- at least 300 people escaped an inferno. that tops around the world in 80 seconds. china, local media report 100

firefighters evacuated people from the wooden beings in an eastern province. one woman told them folks were storing gasoline in many of those homes. firefighters carried out some gas canisters and got the flames under control. no word on anybody hurt. venezuela, a lightning strike set off huge flames in two storage tanks at an oil refinery on the northern coast. nobody hurt, but the fire comes less than a month after an explosion at another refinery killed more than 40 people. india. thousands of people rallied across the country against the government's recent hike in fuel prices. the demonstrators shut down some transportation. the protests say they want the government to reverse the decision to let global supermarkets into india. australia. some tourists caught a rare sight, a blue whale, the largest

animal on earth. >> it is very, very rare to see a blue whale. i think the last confirmed sighting is over 20 years ago. >> shep: there may be 5,000 of them in the world and they usually stay well out of sight. that's a wrap on this fox around the world in 80 seconds. cops in new york released video of lindsay lohan reported run in with a pedestrian yesterday. here it is. happened in the wee hours of the morning, outside a downtown hotel. cops say she brushed up against a man who was pulling into a garage. hi charged her with leaving the scene of the accident and causing injury. tmz reports the man who claims he was hurt is the one running after her car. that man also claims she smelled like booze. cops say alcohol was not involved. spokesman for the star says all this is much ado about nothing.

new reaction on capitol hill following yesterday's report on a controversial fast and furious gun sting. a live report next. plus, the woman behind the botched restoration of a 19th century painting. now it says she should get paid for this. i mean -- she meant well. 4g lte has the fastest speeds.

so let's talk about coverage. based on this chart, who would you choose ? wow. you guys take a minute. verizon, hands down. i'm going to show you guys another chart. pretty obvious. i don't think color matters. pretty obvious. what's pretty obvious about it ? that verizon has the coverage. verizon. verizon. we're going to go to another chart. it doesn't really matter how you present it. it doesn't matter how you present it. verizon. more 4g lte coverage thaall other networks combined.

>> shep: a new milestone in america's longest war. senior u.s. defense officials now confirm or a senior defense official confirms that the last of the troops from the so-called surge two years ago in afghanistan are out of afghanistan. president obama had ordered an additional 33,000 troops to deploy to afghanistan in order to make more gains against the

taliban. the pentagon set a deadline to withdraw all of those surge troops by the end of this month. some 68,000 u.s. forces remain in afghanistan 7 the justice department inspector general testified that there must be more government oversight on law enforcement investigations such as the failed gun tracking operation fast and furious. that clearance must come from the highest levels. as you'll recall, it was designed to follow guns across the border and into the hands of drug cartels. the feds did not track some of those weapons and two of them later turned up at the murder scene of the border patrol agent, brian terry. yesterday, the inspector general released an internal report and related operation and it strongly criticized more than a dozen mid level and senior government officials. >> in the course of our review, we identified individuals ranging from line agents and prosecutors in arizona, to senior atf officials in washington, d.c. who bore a share of responsibility for

atf's knowing failures in both of these operations to interaddict firearms illegally destined for mexico and for pursuing this risky strategy without adequately taking into account the significant danger to public safety that it created. >> shep: the report claims the attorney general, eric holder, who was the main target of the republican-led inquiry, did not know anything about the operation. james rosen live in dc. >> the inspector general however, did find direct fault with lannie brewer. he is the assistant attorney general in charge of d. o.j.'s criminal division. he found fault for what did he or didn't do after he learnd about operation wide receiver. that's the similar gun walking operation that the atf field office in phoenix conducted in 2006 and 07. >> what we found is to mr. brewer was frankly of whether he read the letter, given what he knew about wide receiver, his responsibility

should have been to come forward and explain what happened in wide receiver because the people who were drafting the letter told us it would have made a difference. that's what troubled us. >> the letter you heard referred to there, was the one that doj sent to republican senator chuck grassley of iowa on february 4, 2011, in which the department falsely claimed it always tried to intercept weapons headed into mexico. it took doj ten months to correct that false information and the i.g. concluded senior holder aides should have done that much sooner. >> you had people who didn't know information, making substantive edits to a letter, along with people who did know information providing inaccurate information. and sorting out how that letter ended up the way it did and blaming one person or two people for the particular information was the difficulty we had. >> lannie brewer's deputy, jason weinstein, resigned from the

justice department yesterday. shep. >> shep: james rosen on capitol hill. thank you. the elderly woman who experts say ruined a 19th century painting of jesus nowen wants royalties. it was a botched restoration to hear it from her and it's now an internet sensation. the before and after. the woman tried to fix it, i mean, come on. the painting is inside a spanish church that's now reportedly charging visitors a fee. it's apparently made some $2,500 in four days. lawyers for the woman say she's entitle to do a cut of any profit and that she wants to give the money to charity. she tried to fix it. it was not in good shape. she did her very best. now she wants compensation. you go. next, we'll go off to libya for the latest on the investigation into the murders at our consulate. the space shuttle endeavor touching down in its new home state of california hours ago. but not without a detour over tucson for a special tribute.

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>> shep: endeavor continuing its cross-country trip. it touched down in california. another leg on the last flight ever for any american space shuttle. at least the last planned one. earlier today, in the skies of tucson, arizona, it made a low altitude flyover in honor of former arizona congresswoman gabrielle giffords. she is the long-time advocate of the space program and is married to former astronaut mark kelly. the pair watched the shuttle pass over tucson. moments ago, captain kelly tweeted this photo. he is the last person ever to command an endeavor mission. nasa reports enterer endeavor will fly to los angeles international airport tomorrow and next month. organize also bring it to a new home at the california science center. updating our top stories, the president said extremist views that anti-islam video as an excuse to attack the u.s. diplomatic post.

hillary clinton said she has formed a special board to investigate the attack on the u.s. consulate in libya. and libyan officials tell fox news that they are searching for a former guantanamo bay detainee who could be connected to that attack. greg palkot with the news live in tripoli. greg? >> shep, we are committed to finding those who committed the crime. that's the word of a libyan foreign minister to fox in tripoli. talking about the investigation into the killing of u.s. ambassador chris stevens and three other americans in benghazi last week. the prime minister say eight nationals were arrested and saying he believed the al-qaeda leaning group could be involved. also been told the word is that the al-qaeda linked militant which fox news has been quoting as sources as saying could have played a role is being sought by authorities. meanwhile, william burns is here. he's been meeting with officials, pledging to pursue

the hunt and heading to benghazi tomorrow. >> libyans and americans that it's absolutely essential and urgents to bring those responsible for this horrible tragedy to justice. just as quickly as possible. >> he said he was, and i quote, courageous and passionate. back to you. >> shep: thanks. on this day in 1973, the belly jean king made a case for gender equality in a battle of the sexes. she was the top ranked woman player in tennis. bobby rigs challenged her to a match. the male chef mist made headlines. it played out before a crowd at the astrodome in houston. she owned it. winning at straight sets. but rigs was past his prime. but billie jean king scored a major court

>> shep: the suspect in the colorado movie theater massacre seemed to pay attention in court today. that's the word from our producer inside the courtroom. certainly a change from the dazed looking james holmes we've seen in the past few months. another big difference, the orange hair is gone. here is how holmes looked in july. now that orange color has been replaced and updated booking photo. he has short brown hair and short beard. today prosecutors dropped their fight to get access to that notebook. remember that? the notebook which reportedly contains violent descriptions of a planned attack. the prosecutors say holmes had mailed that notebook to his psychiatrist before he ever allegedly killed anybody.

of course, defense attorneys have said that holmes is mentally ill and was seeking help in that, but police say james holmes killed 12 people and wounded dozens more in colorado. dan springer live from colorado. is this a big blow to the prosecution? it sounds as if it's really part of a strategy. >> it's hard to say. we don't know exactly what's in the notebook. there has been a lot of